IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

th

ON THE 17 OF FEBRUARY, 2026 SECOND APPEAL No. 493 of 2024 SANTOSH JAIN Versus SUBHASHCHANDRA GOYAL AND OTHERS Appearance:

Mr. Dharmendra Dwivedi - Advocate for appellant.

Mr. Yogesh Chaturvedi - Advocate for respondents Nos. 1 and 2.

JUDGMENT This second appeal under Section 100 of CPC has been filed against judgment and decree dated 22/11/2023 passed by Fourth District Judge, Guna in R.C.A. No. 110/2019, as well as judgment and decree dated 31/08/2019 passed by First Civil Judge Class-II, Guna in R.C.S.A. No.

170023/2013.

2. Appellant is the plaintiff who has lost his case from both the Courts below.

3. The facts necessary for disposal of present appeal, in short, are that appellant filed a suit for declaration of title and permanent injunction, as well as for possession, by pleading inter alia that Chhoga Lal Jain was the grandfather of plaintiff. Chhoga Lal Jain had three sons, namely Nannu Lal Jain, Gattu Lal Jain and Mishri Lal Jain. Although Nannu Lal Jain was married but he was not blessed with any child and he was residing in Talaiya Mohalla near Chandsi Gali. Nannu Lal Jain had executed